Northampton Borough Council

Northampton Borough Council Choice Based Lettings and Housing Allocations Scheme For implementation 2008 If English is not your first language or you would like to receive a copy of this document in another language or format, such as Braille, large print or audio cassette, please ring our housing helpline on 0845 330 0637 for help and advice. 1

CONTENTS PAGE 1 INTRODUCTION Page 4 2 OBJECTIVES Page 4 3 LEGAL FRAMEWORK Page 4 4 CHOICE BASED LETTINGS Page 5 5 EQUALITY AND DIVERSITY Page 5 6 DATA PROTECTION AND FREEDOM OF INFORMATION Page 5 7 INFORMATION ON THE HOUSING REGISTER Page 6 8 WHO CAN APPLY TO NORTHAMPTON HOUSING REGISTER Page 6 9 HOW TO APPLY Page 6 10 FORMS OF PROOF FOR SUPPORTING DOCUMENTS Page 7 11 ELIGIBILITY AND EXCLUSIONS Page 8 12 REDUCED PRIORITY Page 8 13 FALSE STATEMENTS Page 9 14 APPLICANTS WHO OWE HOUSING RELATED DEBTS Page 9 15 TRANSFERS Page 10 16 ASSESSMENT AND MONITORING Page 10 17 NORTHAMPTON S BANDING SCHEME Page 10 18 REGISTRATION DATE Page 11 19 CHANGE OF CIRCUMSTANCES Page 11 20 MOVEMENT BETWEEN BANDS Page 11 21 MULTIPLE NEEDS Page 11 22 EMERGENCY BAND (TIME LIMITED) Page 11 23 APPLICANT ACCEPTED AS STATUTORY HOMELESS Page 12 24 SUITABLE ACCOMMODATION Page 12 25 BANDS A-C Page 13 26 ADVERTISING EMPTY PROPERTIES Page 14 27 THE BIDDING PROCESS Page 15 28 FEEDBACK ON LET PROPERTIES Page 15 29 MANAGEMENT MOVES / DIRECT LETS Page 16 30 COUNCIL PROPERTY NOT INCLUDED IN THIS SCHEME Page 16 31 MEDICAL GROUNDS AND WELFARE GROUNDS Page 16 32 NORTHAMPTON BOROUGH COUNCIL JOINT TENANCIES Page 17 33 ENDING A JOINT TENANCY Page 17 34 ACCESS TO CHILDREN Page 17 35 LOCAL CONNECTION CRITERIA Page 17 36 OWNER OCCUPIERS Page 18 37 LOCAL LETTINGS POLICIES Page 18 38 PROPERTIES WITH AGE RESTRICTIONS Page 18 39 SINGLE PERSONS ACCOMMODATION Page 18 40 SHELTERED HOUSING Page 19 41 ADAPTED/ADAPTABLE PROPERTIES Page 20 42 INTRODUCTORY TENANCIES Page 20 2

43 REGISTERED SOCIAL LANDLORDS NOMINATIONS Page 20 44 PROPERTY LETTING CRITERIA Page 21 45 VULNERABLE PEOPLE Page 23 46 REVIEW OF REGISTER Page 23 47 ANNUAL LETTINGS PLAN Page 23 48 THE RIGHT TO APPEAL/REVIEW Page 23 49 PROCEDURE OF REVIEW Page 24 50 REVIEW OF THE ALLOCATION SCHEME Page 24 3

1. Introduction This is Northampton Borough Council s Choice Based Lettings and Housing Allocation Scheme as required under section 167 of the Housing Act 1996. It meets the requirements, which are set out in Part VI Housing Act 1996 (as amended by the Homelessness Act 2002) giving preference to those applicants in the greatest housing need. The demand for secure affordable housing in Northampton far outweighs the supply, in order to maximise the supply of affordable housing in the borough the Council work closely with a number of Registered Social Landlords (RSL s), (also known as Housing Associations). Registered Social Landlords provide the Council with nomination rights for a percentage of their homes. Northampton Borough Council is committed to offering choice to all applicants seeking housing. This will be achieved by operating the Choice Based Lettings Scheme. 2. Objectives In allocating it s vacant properties the Council seeks to: To discharge the Councils statutory duties as contained in Part VI of the Housing Act 1996, as amended by the Homelessness Act 2002. Offer as much choice as possible to customers. Offer customers information and advice to enable them to make informed choices about their housing options. Create an easy to understand, fair and transparent system. House those in priority need as determined by the law. Help prevent homelessness. Make the most effective use of the local housing stock. Support the principles of social inclusion and aim to meet customer expectations. Respond to the circumstances of vulnerable individuals by joint working with other agencies. Ensure equality of opportunity in accessing the housing register and in the allocation of properties. Promote sustainable tenancies and communities by acknowledging the support needs where appropriate. 3. The legal framework In determining the rules within this Allocation Scheme, the Council has to comply with The Housing Act 1996, as amended by Homelessness Act 2002. Additionally, the Council will have regard to case law, relevant legislation (including any amendments) relevant codes of practice and local policies. 4

For example: Anti-Social Behaviour Act 2003 Children Act 1989 Civil Partnership Act 2004 Crime and Disorder Act 1998 Disability Discrimination Act 2005 Equality Act 2006 Freedom of Information Act 2000 Homelessness Act 2002 Housing Act 1996 Human Rights Act 1998 Race Relations Act 1976 (as amended by the Race Relations Amendment Act 2000) Code of Practice for Racial Equality in Housing Code of Guidance on the Allocations of Accommodation Homeless Code of Guidance Northampton Borough Council Domestic violence strategy 4. Choice Based Lettings The Council have adopted a Choice Based Lettings Scheme called Homechoice @ Northampton, this allows customers on the Housing Register to express their property and area preferences and also provides information about a range of other housing options. Full details about the scheme and how to participate can be found in our Homechoice @ Northampton user guide. 5. Equality and Diversity Northampton Borough Council is committed to delivering on the general duty to promote all aspects of equality and has outlined this commitment in its Race Equality Scheme, Disability Equality Scheme and Gender Equality Scheme. Our Housing Register will be accessible and sensitive to the needs of all taking account of age, disability, gender, race, religion and sexual orientation. 6. Data protection and freedom of information The information that applicants provide may be personal and sensitive as defined under the Data Protection Act 1998. Data will only be shared with third parties with the applicants permission and then only for the purposes of assisting with their rehousing. Applicants will be asked to sign a consent form on the housing application to enable the authority to share this information. Personal data will also be treated in accordance with the Electronic Communications Act 2000. Applicants have the right to see the information held regarding their application for housing. The Freedom of Information Act 2000 gives applicants a right to see information on how decisions were arrived at on the scheme. 5

7. Information on the Housing Register Under section 166 of the Housing Act 1996 a person on the Housing Register of a local authority is entitled: a) To see the entry to him/herself and to receive a copy free of charge, and b) To be given such general information as will enable him/her to assess how long it is likely to be before housing accommodation appropriate to his/her needs becomes available for allocation. This will be provided on the Choice Based Lettings website and vacant property advertisements. Information will be provided to each applicant on request at no charge. 8. Who can apply to Northampton s housing register? Anyone aged sixteen years or over can apply to Northampton Borough Council for accommodation. Applicants under eighteen will be asked to provide a guarantor. The guarantor must be a responsible adult such as a parent or other close family member or organisation such as Social services or other support agency. 9. How to apply Applications must be made in writing on the Housing Register Application form issued by the council. Forms are available at The Guildhall, St Giles Square, Northampton, NN1 1DE or any local housing office, or can be downloaded at www.northampton.gov.uk Completed forms along with all required supporting documentation (see below point 10). should be returned to the above address. Alternatively any local housing office will forward the form to the Guildhall. Applicants will be issued with a receipt and should keep this safe for future reference. Applications, which do not have the necessary supporting documentation will not be accepted. Whether an application is accepted and placed on the Housing Register is subject to the eligibility criteria and the provision of all supporting documentation. If information is requested from the applicant and is not received within 28 days the application will not be registered. The applicant will be notified in writing all original documents will be returned by registered post and the application form and photocopies of documents destroyed. 6

10. Forms of proof for supporting documents The Council will accept as proof only original documents, which should be provided in person if possible. All documents will be returned by recorded delivery. Photocopies will not be accepted in any circumstances. The Council will accept proof from the following list: Proof of identification (any one of the following for each applicant) Birth Certificate Passport Proof of Age Identification Card (with photo) Employee Identification (with photo) HM Forces Identification (with photo) EU Identification Card Approved Immigration Status Documents Proof of Residence (any two of the following for each applicant documents provided must be recent) Household Bill (gas, electricity, water, Council Tax) Tenancy or Licence Agreement DWP Benefit Document Driving Licence Bank Statement, Credit Card Statement, Catalogue Statement or similar document with home address Proof of Present Tenancy (any one of the following for each applicant) Tenancy of Licence Agreement Rent Book Letter from Landlord Proof of Marriage A recognised marriage certificate Proof of pregnancy An EDC certificate Proof of contact with children from a previous relationship Birth certificate for each child. And any one of the following: Letter of confirmation from a solicitor Letter of confirmation from a social worker Letter of confirmation from the other parent or guardian Court Order If you own or have owned a property 7

Letter from a Solicitor or Building Society confirming the assets realised from the sale or transfer of the property. And one of the following: Certificate of Sale Letter of confirmation from a Solicitor Letter of confirmation from a Building Society. 11. Eligibility and Exclusions Anyone aged sixteen years or over can join the Housing Register unless: An applicant is subject to immigration control within the meaning of the Asylum and Immigration Act (1996), or is otherwise in a group category of persons deemed ineligible by law. An applicant who has deliberately given false or misleading information or withheld relevant information in connection with their application. The Council is satisfied that an applicant is guilty of unacceptable behaviour serious enough to make them unsuitable to be a tenant. 12. Reduced priority In certain circumstances, even though an application has been accepted onto the register, it may receive reduced priority and therefore be deferred. This will apply where there is behaviour that raises concerns about an applicant s previous history, but is not considered serious enough to warrant exclusion. In line with the Government s Respect Agenda, reduced priority will be given for an initial period of six months from application and will be actively monitored by the Council to encourage and support those applicants to address their behaviour or previous conduct. Thus the applicant will be given reduced priority until such time as they are able to demonstrate that the original issues are resolved. In these circumstances, the applicant will be requested to provide accurate and recent information from the Police through the Data Protection Act 1998 to identify their previous conduct or give Northampton Borough Council written permission to request information from the police. This will ensure that any decisions regarding eligibility, exclusion or reduced priority will be made taking account of factual and up to date information for the benefit of both the applicant and our communities. Where an applicant is considered to be unsuitable to be a tenant due to unacceptable behaviour the council will need to satisfy itself that the applicant is unsuitable at the time the application is considered. Each application will be considered on its merits and there will be no blanket policy. Where an applicant has received a reduced priority, Northampton Borough Council will write to the applicant informing them of the decision and how it was reached. The applicant has a right to request a review of the decision. The review procedure is set out in section 54. 8

13. False statements Section 171 of the Housing Act 1996 as amended by the Homelessness Act 2002 makes it an offence for anyone seeking assistance from a local authority to: Knowingly or recklessly give false information to the authority or Knowingly withhold information which the authority has reasonably required him/her to give in connection with the exercise of their functions under Part VI of the Housing Act 1996 as amended by the Homelessness Act 2002. A person guilty of an offence under this section is liable on summary conviction to a fine at the date of this scheme document of up to $5,000. 14. Applicants who owe housing related debts Applicants will not generally be considered for an allocation if they have housing related debts. Tenancy/mortgage references are requested when the applicant/joint applicant has been responsible for payment of a rent or mortgage. This will include any privately rented or social rented accommodation, or property owned by the applicant/joint applicant. If an application is affected by housing related debt, the applicant will be notified in writing and advised that they are expected to satisfactorily address the situation before the application will be actively considered. The applicant will be encouraged to seek debt advice. Where an applicant has experienced an unavoidable change of circumstances which results in mortgage arrears or private tenancy arrears an application may be considered. Northampton Borough Council tenants with arrears should contact the Rent Income Section of the Housing Management Services. Where there is an urgent need for re-housing in the case of both former and current Northampton Borough Council tenants, applicants are required to enter into an agreement to repay the debt at a mutually agreed rate. The application will remain deferred until payments have been maintained for twelve weeks. Applicants will then be considered for rehousing, if however they miss a payment without prior agreement the twelve week qualifying period starts again. Where an applicant who owes former tenant arrears is re-housed by the Council the former tenant arrears and other outstanding debt (including that written off), will be linked to the new tenancy account, and an arrangement made for repayment. In exceptional circumstances the Council may consider applicants for an offer of accommodation where outstanding arrears exist. This may be where the tenant is the victim of Domestic Violence, Racial harassment or other Hate Crime has urgent medical need. Applicants will need to demonstrate that reasonable attempts have been made to repay the debt. The Council will need to be satisfied that there is an 9

urgent housing need and there is insufficient time or resources to clear the debt in full. The Housing Needs Team Leader and Housing Services Team Leader (Tenancy Services) will make the decision whether to allow the applicant to move. Appeals regarding the Team Leaders decision can be made verbally or in writing to the to the Housing Needs Panel. The process is set out in section 54. If assistance is required please contact a member of the Customer Services Team who will advise you of the process. 15. Transfers Existing tenants of Northampton Borough Council or a Registered Social Landlord within Northampton Borough can apply for a transfer to a different property. When considering transfer applications the Council will expect that tenants have complied with their conditions of tenancy and maintained their property in a satisfactory manner. A Housing Officer report will be requested for all transfer applicants to ascertain whether tenancy conditions have been met. Transfer applications will be assessed on the same basis as new applications. Transfer applicants will also be encouraged to register for a mutual exchange under the national HomeSwapper scheme as this may enhance their opportunity for rehousing. Transfer applicants who hold an introductory tenancy and move to alternative Northampton Borough Council property within the introductory period will continue to be an introductory tenant for the remaining period of their introductory tenancy. 16. Assessment and monitoring The Banding assessment process, which is explained in Section 16 will be applied to all eligible applications and the applicant will be informed in writing of the assessment. We aim to assess complete applications within four weeks. The time taken to assess an application is monitored and published in our monthly service standard report which is available on our website. Where the Council decides that a person is not eligible to be allocated accommodation and to join the housing register for any reason stated above, the applicant would be informed of this decision and the reasons for it, in writing within 5 days of the decision being made. Applicants have the right to request a review of this decision. The process is set out in section 54. 17. Northampton s banding scheme Applicant s circumstances are assessed and placed in one of four bands. In line with legislation, the greatest priority is awarded to those assessed as having the highest housing need. 10

18. Registration date The registration is the date a fully completed application with all supporting documentation is received by the Northampton Borough Council. This date determines priority within each band. 19. Change of circumstances Where there is a change in an applicant s circumstances, their banding priority, will be reviewed. This may result in the applicant moving up or down within the bands. Examples of changes in circumstances, which must be reported are: A change of medical condition. A change of address, for themselves or any person joining on their application. Any additions to the family or any other person joining their application. Any member of the family or any other person included in the application who has left the accommodation. 20. Movement between bands As a result of a change in circumstances applicants may require a housing options interview. A change in circumstances may result in an application being moved up or down the banding scale. When an application is moved down the banding scale the registration date will remain the date that the application was originally registered. Where an application is moved up a band the date will be known as the application date and will be the date that the application was moved to the higher band. Preference within bands will be given to the applicant with the earliest registration or application date. 21. Multiple Needs Applicants with multiple needs within each band may be escalated to a higher band. The decision will be made by a panel, which may award a higher band or additional waiting time by backdating an application to the point where the multiple need arose within the same band. 22. Emergency band (time limited) Applicants will be placed in the emergency band for a period of six weeks (three bidding periods), during this time they will be expected to bid for suitable properties in their area of choice. If the applicant has not bid for a suitable property at the end of six-week period the applicant(s) will receive a direct offer of any suitable property within the borough. If during this six week period there has not been a suitable property available for the applicant to bid for, the emergency band period will be extended for a further bidding period and will be reviewed on a fortnightly cycle. (For definition of suitable accommodation see section 23). 11

Emergency band applicants include: Applicants whom the authority have accepted as being eligible homeless and in priority need (except those found intentionally homeless). Applicants who have been subject to a Multi Agency review and where immediate rehousing is required and an agreed support package is in place. Tenants who have to vacate their homes within six weeks due to a Compulsory Purchase Order or Northampton Borough Council tenant s who have to move permanently as their home requires major works within six weeks. 23. Applicants whom the authority have accepted as being eligible homeless and in priority need (except those found intentionally homeless). In order to allow applicants that the authority has accepted a duty to re-house under Part VII (s193 (2) or s195 (2)) a reasonable preference in the choice of areas, the applicant will be given a six week period to bid on properties of their choice as outlined above. Applicants who fail to bid within the six-week period where a suitable property in their area of choice has been available will no longer be able to participate in the Choice Based Lettings Scheme and Northampton Borough Council will make a direct offer of a suitable property anywhere within the borough. If during this six week period there has not been a suitable property available for the applicant to bid for, the emergency band period will be extended for a further bidding period and will be reviewed on a fortnightly cycle. If the applicant does not believe that a property is a suitable offer they retain the right under S202 to ask for a review of suitability and a Homeless Officer who is independent from the original decision will make a decision on suitability. Northampton Borough Council will have discharged its duty, under the Homeless Persons legislation if the applicant fails to accept an offer of reasonable accommodation. The applicant s application will be placed in Band C. If an applicant is accepted on review through Section 193 (5) Part VII of the Housing Act, the time in the band will be dated from the original decision date, and not from the date of the review decision. 24. Suitable accommodation For the purposes of suitable accommodation, an offer will be regarded as suitable where: The accommodation is affordable having regard to the financial resources available to the applicant and the cost of the accommodation as determined under Homelessness (Suitability of accommodation) Order 1996. 12

The accommodation is of an appropriate size and type to meet the reasonable requirements of the household and satisfies the need for special features to meet any limiting illness or disability that exist within the household. The location does not deny reasonable access to family support or a specialist medical or health facility where a member of the household has a severe long term limiting illness or permanent or substantial disability where their quality of life or health would otherwise be severely affected. The location does not deny reasonable access to a specialist education establishment for a member of the household who has particular special educational needs which would otherwise result in a severe deterioration in that person s well being. The location is not in close proximity to a perpetrator who has threatened or caused violence or domestic violence to a household member whose life or safety would otherwise be threatened. 25. Bands A-C Band A Urgent Need Applicants who have an overriding medical need where the current accommodation is unsuitable or it is unreasonable to remain in (This may include applicants who require an extra bedroom for a live in carer or medical equipment). Applicants who have priority on welfare grounds and require to move urgently because of a risk to their well being or health. (This includes victims of domestic violence & and hate crimes). Applicants who are lacking one or all of these essential facilities - hot water, heating, a kitchen, internal toilet and bathroom. Applicants who are statutorily overcrowded as defined by Council Environmental Health Department. Applicants who are under occupying Northampton Borough Council three, four, five or six bedroom homes that wish to move to smaller suitable accommodation or applicants living in adapted homes who no longer require the adaptations. Applicants who are freeing up a place in a specialist hostel such as the YMCA or Teenage Parent Unit and are ready for independent living. (Applications will only be actively considered once a notice to vacate has been issued until that date the application will remain deferred). Tenants who have to vacate their homes due to a Compulsory Purchase Order or NBC tenant s whose home requires major works. Applicants who are in priority need who hold an assured shorthold tenancy who have been issued with an effective notice that the landlord requires possession which has less than eight weeks to run. Applicants who are living in accommodation which has been assessed as unsatisfactory and in disrepair by a Council Environmental Health Department. 13

Band B Moderate Need Applicants who are owed a duty under the Rent (Agriculture) Act 1976 and Northampton Borough Council service tenants who are due to retire or have their contract of employment terminated. Applicants who are sharing Facilities (bathroom, kitchen etc). Applicants who require a move for less severe medical or welfare grounds where there is an acknowledgement that alternative accommodation would be beneficial but is not essential. Applicants who require more bedrooms. Applicants with children age under the age of 14 who are living in flats or maisonettes above the ground floor and who do not have access to a garden. Northampton Borough Council tenants or Housing Association tenants who have been accepted by Social Services to adopt or foster and require a larger home. Applicant who is being discharged from the Armed Forces within six weeks prior to that applications will be deferred. Applicant who is being discharged from Prison within six weeks (prior to that applications will be deferred. Band C General Need Applicants who have a non-urgent need to move. This may include being nearer family and friends, schools or other amenities. Applicants with access to children where regular access can be demonstrated. Applicants who are key workers such as Police, Fire Officers or Nurses who need to move into the area to take up employment. Applicants who are already adequately housed. Applicants who can afford to secure their own housing within the private rented sector or owner occupation Applicants who are owner occupiers (see section 35). All other applicants including those without a local connection who do not have another identified housing need. 26. Advertising empty properties Vacant properties will be advertised on a fortnightly cycle, details of available properties are available for collection at various locations around the borough including at Council offices. Property details are also available on the Internet at www. homechoice@northampton.gov.uk. Within each advert the eligibility criteria will be set for the property. The advert will also specify details of the property, its location and the rent to be charged together with the approximate date the property will be available to view. 14

27. The Bidding Process Eligible applicants can make bids for properties up until the advertised deadline for that bidding round. Bids can be made by telephone or text bidding, online via the website or at the Guildhall One Stop Shop. Full details of how to bid are set out in the scheme User Guide, which will be sent out to all newly registered housing applicants. Bids received after the advertised deadline will not be not considered. All bids for a property are checked against the eligibility rules. Ineligible bids are excluded from consideration. Eligible applicants can bid for up to three properties each fortnight. During the open bidding cycle. bids can be cancelled and reassigned to another property if desired. Once an applicant has been advised that they were the highest bidder and that they will be offered the property they will not be eligible to bid in further bidding cycles whilst they consider accepting a tenancy for the property. A property viewing will be arranged at which the successful bidder will have an opportunity to fully view the interior of the property under offer and discuss any other details of the tenancy. On occasions multiple viewings will be arranged and the top three to five short listed bidders invited to view. Should the top bidder decide to refuse the property following viewing the next highest bidder will be offered the tenancy. Applicants who are invited to view a property will be required to bring proof of their identification. At the viewing if the highest bidders expresses an interest in being offered the property they will be given 48 to consider their decision, if they fail to arrange to sign for the property after that time the offer will be withdrawn and offered to the next highest bidder. Although the bidding process is straightforward, Northampton Borough Council are aware that some vulnerable applicants may need assistance in order to complete both the registration and bidding process. The process for addressing this is outlined in our Access Strategy in section 45 and 46. 28. Feedback on Let Properties All properties let will be listed in future advertisements showing the number of bidders for each property and the Band and Registration or Application date of the successful bidder. 15

29. Management moves/direct lets On very rare occasions Northampton Borough Council may find it necessary to make a direct allocation, this means that a property may either be withdrawn from a bidding round or not advertised. Circumstances where this would happen are: A tenant has to be moved urgently as there is a severe threat of violence. Households in the Emergency band who have failed to exercise choice through the bidding system within the timescale. 30. Council property not included in this scheme This scheme does not apply to: A Council property used as Temporary Homeless Accommodation pursuant of Part 7 of the Act. Northampton Borough Council tenants who have to move urgently on a temporary basis because of fire or flood. The offer of a Service Tenancy. The letting/leasing of Council property to another agency for a specific housing purpose. Very sheltered housing and supported units. 31. Medical and Welfare grounds The Housing Act 1996 states that reasonable preference on the housing register should be given to applicants who have a need to move on medical or welfare grounds. This category includes an applicant, or member of that applicant s household, whose health is being affected by their current property, and where a move to another more suitable property would alleviate their condition or make it easier to manage. Where it appears that there is a need to make enquiries into an applicant s medical condition the Council will refer the case to an independent medical advisor. The applicant can provide their own medical evidence if appropriate along with a medical/welfare assessment form, which will be sent to the independent advisor. If the Medical Advisor considers that reasonable preference should be awarded then they will make a decision as to which band the applicant is placed, where appropriate, a recommendation as to property type. Where two or more members of a household would qualify for medical priority the rules of multiple need will apply. 16

Medical and welfare priority will be reviewed prior to allocation if the assessment was made in excess of twelve months previously to ensure that the award is still appropriate. Welfare grounds may apply to any member of the household and will include situations such as: Infirmity due to old age. The need to give or receive care. Behavioural difficulties. The need to recover from the effects or threats of violence or physical or emotional abuse. Young people at risk. A mental or physical disorder. A physical or learning disability. 32. Northampton Borough Council Joint Tenancies Joint tenancies are normally granted where applicants have a long term commitment eg married and unmarried couples, civil partners, siblings, and unpaid live-in carers. 33. Ending a joint tenancy One party giving notice has the effect of ending the joint tenancy for both parties. In some cases the council will consider allowing one tenant to remain as a sole tenant, for example where children reside at the property. Joint tenancy issues resulting from family /relationship breakdowns are covered in the TENANT Handbook. 34. Access to children Where children are involved in custody cases they will be considered as permanent household members where regular access can be demonstrated. Due to the demand on the Northampton Borough Council housing stock it is not always possible to consider a child who normally resides with another parent as part of a housing application. 35. Local connection criteria Applicants who do not live or work within the Borough will be placed in Band C with the exception of applicants who require to move into the Borough to provide care and support or to receive support for or be cared for. Applicants for whom a full housing duty has been accepted under the homelessness legislation need not have a local connection, but such cases may be referred to another local authority in accordance with that legislation. 17

36. Owner occupiers Owner-occupiers will be placed in Band C. Applicants who have sold a property within the last five years will be asked to provide proof of sale as well as evidence of the proceeds of the sale. An assessment will be made as to whether the applicant can afford to purchase suitable accommodation locally. Applicants may be moved to a higher band if there is a high medical or welfare need and the applicant is unable to purchase a suitable property. 37. Local lettings policies Local Lettings policies or plans are a tool, which can be used to stabilise an area that has specific and particular issues. The Governments Sustainable Communities Plan states the key objectives of providing stable, settled, safe communities. This means that there may be rules around child density or number of lettings to key workers. The Council may decide to operate one or more Local Letting policies within areas of the town. The need for such schemes will be clearly defined and relate to specific areas or types of property that will benefit from this type of proactive initiative. A Local Lettings policy may be introduced, as part of a multi-agency approach with existing local communities or in partnership with registered social landlords to take account of social factors. Local Lettings policies will be reviewed on a regular basis and equality impact assessments undertaken. 38. Properties with age restrictions Northampton Borough Council have a limited number of properties in various locations that have been designated as being suitable for applicants over the age of forty only. These properties are in close proximity to some of our sheltered housing residents. Applications will not be considered for these properties if they include a person under the age of 40 or if the Council has reason to believe that there may be a conflict of lifestyle between the applicant and the sheltered housing residents in the neighbourhood. 39. Single persons accommodation The Council currently have single persons blocks of studio flats. These are: Overslade House in Hunsbury. Caledonian House in St James. Woodstock in the Town Centre. Dover Court in St James. These properties are subject to a Local Lettings Policy. 18

There are specific additional checks made on applications from young people wishing to access these blocks under the Crime and Disorder Act 1998. Additionally, if the Council have reason to believe that an applicant s behaviour may have a detrimental affect on the management of these blocks or the health and safety of other tenants, then an allocation will be refused. Applicants will be informed of this decision in writing and will have the right to request a review of the decision (see section 54). 40. Sheltered Housing The term Sheltered Housing applies to a range of accommodation and tenancy related support designed to meet the housing and support needs of older people (applicants over sixty) or younger people who are in receipt of Disability Living Allowance. Before the applicant is accepted for a property that they have expressed an interest in or bid for they will be visited and assessed to ensure sheltered housing can meet the support needs of the applicant and that the appropriate level of service can be provided. The service is based around each individuals support needs. It provides three levels of service varying from once a month for those tenants who are active and independent, to three times a week for those with moderate support needs to a daily visit for those who are frail and vulnerable. This service is provided by a team of Wardens who will ensure the appropriate level of service is maintained to meet the individual s needs. Sheltered Housing Schemes consists of flats or bungalows, some of which are grouped around a community room where residents are able to enjoy social activities. All properties have an intercom system to enable residents to summon assistance in an emergency. Northampton Borough Council has one very sheltered housing scheme; this is for more vulnerable older people who need a higher level of support. It consists of twenty-six self-contained flats in one building, with a communal lounge, dining room conservatory and laundry room. A warden provides tenancy support during the day, and each flat has an intercom system to summon assistance in an emergency. A sheltered housing panel allocates very sheltered housing accommodation on the basis of the assessed needs of applicants; this is outside of the Choice Based Lettings policy. The council also has nomination rights to another very sheltered scheme within the Borough, which is managed by a Registered Social Landlord. 19

41. Adapted/adaptable properties Properties that have had major adaptations for tenants with a disability will be advertised as available for applicants who have a need for the adaptations. Advertised properties will include details such as whether they are suitable for a wheelchair user. The Housing Needs team will liaise closely with the Occupational Therapy Department to ensure that applicants who require adaptations receive the priority that they require. 42. Introductory tenancies Northampton Borough Council operates introductory tenancies. All new tenants of the council will be introductory tenants for the first twelve months of their tenancy. Introductory tenancies can be extended for a further six months provided a Notice of Extension has been served no later than eight weeks before the tenancy ordinarily would become secure. This will not apply to current Council tenants transferring or to new tenants who were previously secure tenants of another authority or an assured tenant of a Registered Social Landlord (Housing Association). A tenancy will remain introductory if proceedings for possession have been started but not yet resolved. The rights of introductory tenants differ from those of secure tenants. Introductory tenants cannot: Take in lodgers. Exercise the right to buy (although the period spent as an introductory tenant will count towards the qualifying period). Sub-let. Carry out a mutual exchange. Vote on matters concerning changes in policy or practice concerning housing management. Where action is taken to end a tenancy the council does not have to prove the facts in court only that it has followed the correct procedure particularly with regard to considering any appeal against the decision to go to court. 43. Registered Social Landlords nominations Registered Social Landlords which are usually known as Housing Associations are non-profit making organisations providing homes for people in housing need. Northampton Borough Council has an agreement with the Registered Social Landlords that have properties in the borough that a negotiated percentage of their lettings will be to people on the Council s Housing Register. 20

44. Property Letting Criteria This table shows the type of property that you are eligible for, there may be some exceptions for example when an applicant requires an extra bedroom for medical equipment or a carer. Some properties will be advertised as only available to certain groups. For example, for pensioners or people over forty. You will be advised what type of property you can bid for when you receive your assessment letter. 21

Bedsit/Studio flat 1 Bedroom Flat 1 Bedroom Bungalow 2 Bedroom Flat 2 Bedroom Bungalow 2 Bedroom Maisonette 2 Bedroom House 3 Bedroom Flat 3 Bedroom Bungalow 3 Bedroom Maisonette 3 Bedroom House 4 Bedroom House 5 Bedroom House 6 Bedroom House Single Person X Couple Single Pensioner or Applicant who requires ground floor accommodation Couple Pensioner or Applicants who requires ground floor accommodation X X X X X X X X X X 1 Child Family X X X X X X X X X X 2 Child Family 3 Child Family X X X X X X X X X X X X 4 Child Family 5 Child Family X X X X X 6+ Child Family X X 22

45. Vulnerable people A key requirement for ensuring the success and fairness of the Allocation and Choice Based Lettings Scheme is that all customers can access available homes and that relevant support is provided where appropriate. The Council will ensure that vulnerable applicants and those disadvantaged by the Choice Based Lettings process will be provided with support and assistance in accordance with the Councils Access Strategy. 46. Review of Register Applicants are not required to annually re-register their housing applications after first applying. They are however required to inform the Council of any changes in their circumstances which affect their housing application. However, Northampton Borough Council will monitor the bidding patterns of applicants and will be able to identify applicants who fail to bid. Periodically the Council will contact registered applicants who have failed to bid for more than twelve months. If the Council is unable to make contact the application will be cancelled. The Council will notify the applicant in writing of the date and the reason for the cancellation. 47. Annual Lettings Plan The Council will produce an Annual Lettings Plan; this will set annual targets for property types across priority bands. 48. The right to Appeal/Review The Housing Act 1996 Part VI gives applicants the specific right to request a review of the following decision regarding their application. Not having been included on the Housing Register. Removal from the Housing Register other than at the applicants request. The applicant considers that they have not been awarded the correct priority and banding. The reasonableness of any offer made. The status of an application. Letters notifying an applicant that they have been refused access to the Housing Register or the band that they have been awarded will state that the applicant has a right to request a review of the decision. A review should be requested within twenty-one days of the date of the letter advising of the decision. The council has discretion to extend the time limit if it considers this would be reasonable. 23

Request for reviews can be in writing or made verbally. The request for review should be made to the Housing Needs Team Leader Northampton Borough Council, The Guildhall, St Giles Square, Northampton NN1 1DE. If you require assistance with the process please contact a member of the customer services team at the One Stop Shop at the Guildhall. 49. Procedure of review Review of any decision will be undertaken by the Housing Needs Review Panel. An Officer involved in an original decision will not sit on the Panel. The Panel consists of Senior officers from Tenancy Management and Housing Needs. The review will be carried out and the decision and the reasons for it will be given to the applicant in writing within 28 days of the request being received. There is no right to request a review of the decision unless the member s circumstances change. 50. Review of the Allocation Scheme The Allocations Scheme is monitored to make sure that allocations made reflect the housing need, and meet with the requirements of legislation. This scheme will be reviewed regularly to ensure that its aims and objectives are met. 24